State v. Dickson’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “to a defendant's sodomy with a child of the designated age when the child has expressed or exhibited a willingness to engage in the act,”

   2 later decisions quote this exact passage
   e.g. State v. Fitzgerald · State v. Dickson

2. ““Dickson’s challenge to the district court’s preliminary instructions focuses on the following language: ‘During the course of this trial, you will hear testimony in regard to certain locations within Sedgwick County. You may not visit diese locations on your own, and you may not otherwise conduct your own investigation of these matters. All proper investigations have already been conducted.’ “Dickson did not object to this instruction at trial and must therefore demonstrate on appeal that die instruction was clearly erroneous, i.e., persuade us that there was a real possibility the jury would have rendered a different verdict if the error had not occurred. See State v. Evans, 270 Kan. 585, 588 , 17 P.3d 340 (2001). “Dickson’s first argument is that the instruction shifted the burden of proof on the element of venue to him. Once die State put on its evidence regarding the Sedgwick County locations of the various crimes, venue was never contested. We therefore conclude diat any error in mentioning Sedgwick County in the instruction could not have made the difference between a guilty and not guilty verdict on die charges, particularly in the context of other preliminary and final instruc tions about the State’s burden to prove Dickson’s guilt and listing venue among the elements it must establish.” 30 Kan. App. 2d at 683-84 .”

   1 later decision quote this exact passage
   e.g. State v. Dickson

3. ““Dickson next taires issue with the district court’s failure to give the jury a multiple acts unanimity instruction. He argues that he was entitled to such an instruction because the State presented evidence of multiple rapes of K.D. and multiple acts of her oral contact with his genitalia. “ ‘In multiple acts cases, several acts are alleged and any one of the acts could constitute the crime charged. When the prosecution presents evidence of several acts that could form the basis of one count charged, either the State must inform the jury which act to rely on in its deliberations or the court must instruct the jury to agree on a specific criminal act.’ State v. Dean, 272 Kan. 429 , Syl. ¶ 5, 33 P.3d 225 (2001). “This argument is without merit. Both in opening statement and again in closing argument, the prosecutor informed Dickson’s jury exactly which single incident the State was relying upon to convict on each of the rape counts and on the criminal sodomy count having to do with K.D. There was no multiple acts error because the State made the required election or its functional equivalent. See State v. Fulton, 28 Kan. App. 2d 815, 822 , 23 P.3d 167 , rev. denied 271 Kan. 1039 (2001).” 30 Kan. App. 2d at 688-89 .”

   1 later decision quote this exact passage
   e.g. State v. Dickson